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WATERS'      PA  M  PH  L  ET 

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^!.  WATERS,   SccV.  Ex,  Depi. 


e*k:i  i.,  !  C"«:>v  .*  •». 


TJoiu'jr   s<'al    by    ui::il    r:    E'liblinhor'a  riHk.« 


BODOHTON   NISBi:r,  BARNE-;  vt  MOORE,  Statk  Pktxtsr 

MlLT.KPr.KVII.LR,    GA., 

*  ISo!. 


PHEFACE. 

The  following  publication  of  the  Acts  of  a  public  and 
g^ieral  character,  passed  at  the  late  called  session  of 
the  G-encral  Assembly,  is  made  by  direction  of  the  Gov- 
ernor, in  pursuance  of  a  joint  resolution  assented  to  IStli 
March,  1S()4  ;  which  is  as  follows: 

'^fVhnms  great  inconvenience  is  felt  by  the  citizens  of 
this  State,viD  the  delay  of  the  publication  of  the  laws  enac- 
ted by  the  X>eneral  Assembly,  be  it  therefore, 

Resolved  by  the.  Senate  and  House  of  Representatives,  That  the 
Governor  of  this  State  cause  to  be  collected  and  published 
in' a  convenient  form,  all  the  public  or  general  laws,  so  soon 
as  the  same  shall  receive  his  approval  ;  and  that  one  copy 
of  the  same  be  sent  to  each  of  the  Judges  of  the  Supreme 
and  Superior  Courts,  and  a  copy  to  the""  Clerks  of  the  Su- 
perior and  Inferior  Courts  and  the. Ordinaries  of  each  of  the 
several  counties  of  this  State,  and  to  the  members  of  the 
legislature  ;  and  that  the  expenses  of  said  publication  be 
paid  for  from  the  Treasury  of  this  State,'' 

H.  H.  WATERS. 

^    Executive  Department,  Milledgeville  March  21,  1S64. 


PUBLIC    LAWS. 


(No    1.) 

An  Ad  id  reduce  the  bonds  of  llcccicers  of  Tux  Returns  and 
Ta.v  Collectors  of  this  State,  and  to  repeal  so  much  of  the  one 
hundred  and  forty  sixth  section  of  the  Code,  as  limits  the  secu- 
rities on  said  b()nds  to  the  mimber  (f  jin . 

SEcnox  I.  Dc  it  enacted  by  the  Genr.rai  Asscmblif  o/'  Georgia , 
That  from  aw<I  after  the  passage  of  this  Act,  all  bonds  here-' 
after  taken  from  the  Receiv^ers  of  Tax  Returns  for  the  faith- 
ful discharge  of  their  duties,  shall  be  taken  for  half  of  the 
amount  of  the  State  tax  supposed  to  be  due  from  the  coun- 
ty for  the  year  in.  which  said  officers  shall  give  bond  ;  the 
amount  of  said  bonds  to  )>e  filletl  up  by  tiie  Comptroller 
General  before  being  sent  out  to  the  sev(jral  counties  from 
the  Executive  ofli<ie.  - 

Sec.  II.  Be  it  furthr  enacted.:,  That  from  and  after  the 
passage  of  this  Act,  all  bonds  hereafter  taken  from  Tax  Col- 
lectors, shall  be  taken  for  thirty-three  and  one  third  per  cent 
more  than  the  State  tax  supposed  to  be  due  from  the  coun- 
ty for  th'e  year  for  which  said  officer  is  required  to  give 
bond  ;  the  amount  of  said  bonds  to  be  filled  up  by  the 
Comptroller  General  before  being  sent  out  to  the  several 
counties  from  the  Executive  office. 

Sec.  II L  Be  it  further  enacted,  That  the  14Gth  section  of 
the  Code  of  Georgia  be  amended  by  striking  out  the  word 
five,  and  inserting  ten,  so  as  to  make  it  read  'such  bonds  shall 
not  be  approved  by  the  approving  officers,  unless  they  have 
at  least  two  good  and  solvent  sureties,  and  not  m6re  than 
ten. 

Approved  March  17,  1SG4. 


(No.  -2.) 

An  Act  to  amend  the  \5(h  section  of  an  Act  entitled  an  Art  to 
reorganize  the  militia  of  the  State  oj  Georgia,  and  for  other 
purposes,  approved  December  14:th,  1S63. 

Section  I.   The  General  Assembly  of  the  State  of  Georgia'  do 
enact,  That  the  following  words  shall  be  added  to  the  said 


fifteenth  section  :  But  all  persons  to  whom  certiflcates  of 
disability  may  be  granted  by  district  Surgeons,  shall  be 
subject  to  re-examination  at*  least  once  a  year,  except  those 
to  whom  said  Surgeons  maygrant  certificates  of  permanent 
disability. 

Sec  II  All  laws  and  parts  of  laws  militating  against 
this  Act  be,  and  the  same  are  liereby  Repealed. 

Assented  to  March  IS,  1S()4. 


(No.  3.) 

Ati  Act  to  amend  (he  167  Oth  se^ion  of  the  Code  of  Georgia. 

Section  I.  The  General  Assembly  of  Gcorgi(7  do  enact,  That 
from  and  after  the  passage  of  this  Act,  the  following  shall 
be  good"grounu.s  for  a  total  divorce  in  favor  of  any  loyal  fe- 
male a  resident  of  the  fState  of  Georgia  :  1st.  Tb.at  her 
husband  is  in  the  military  service  of  the  United  States. 
2d.  That  her  husband  has  been,  or  is  voluntarily  within  the 
lines  of  the  enemy,  furnishing  them  aid  and  comfort.    . 

Sec.  II.  lie  it  further  enacted,  That  all  coftflicting  laws 
be,  and  the  same  are  hereby  repealed. 

Assented  to  March  IS,  1SG4. 


(No.   4. 

A/i  Act  to  admit  coi^cs  of  deeds  and  otJierinstrun):  ids,  in  evidencCy 

ivhe7i  the  orizinals  are  in  the  United  States.  ~ 

Section  I.  The  General  Ass^thbj  of  the  Suite  of  Georgia 
do  enact,  That  from  and  after  tlie  passage  of  this  Act,  in  all 
cases  now  pending,  or  hereafter  instituted,  the  fact  that  a 
deed,  bond,  or  any  other  instrument  which  would  be  legal 
evidence  if  offered  as  such,  is  in  the  United  States  or  eith- 
er of  thern,  shall  form  the  same  foundation  for  the  introduc- 
tion of  secondary  evidence,  as  the  loss  or  destruction  of  the 
paper  would  do;  and  trie  preliminary  fact  shall  be  proved 
in  the  same  manner  as  such  loss  or  destruction  would  have 
to  be  proved. 

Assented  to  March  IS,  1S64. 

(No.  5.) 
An  Act   to  authorize  the    Governor  to  impress,-  in  certain  cases, 
the  rolling  stock  of  Rail  Roads,   either  oj  this  State,  or   to  he 
found  in  this  State,  not  being  in  use  at  the  time  of  said  impress- 
ment, or  other  conveyance,  for  the  pvrjiose  of  transporting  sup- 
plies and  provisions  purchased  or   ordered  hereafter    to  he  pur- 
chased, under  any  law  of  this  State,  for  the  indigent  families  of 
soldiers,  en  paying  just  compcnsaiion. 
■  Section  I.  The  General  Assembly  do  enact,  That  the  Govern- 


or  shall  have  power  whenever  he  may  deem  the  necessity  of 
the  case  may  require  it,  to  impress  any  rolling  stock  of  any 
of  the  Rail  Roads  of  this  State,  or  other  conve3'ance,  or  of 
any  to  be  found  in  this  State,  when  the  same  is  not  in  use 
by  said  Rail  Roads  or  other  owners  thereof,  for  the  pur- 
pose of  transporting  supplies  purchased  for  the  indigent 
families  of  soldiers  under  any  law  of  this  State. 

Sec.  II.  And  be  It  further  enacted,  That  said  impressment 
being  made,  he  shall  have  power  to  use  the  Rail  Road 
tracks  in  this  State  for  said  rolling  stock,  making  proper 
and  suitable  arrangements  with  the  authorities  controlling 
the  same  for  t^hat  purpose,  on  such  terms  as  are  usual  in  such 
cases;  2>/"oj-"/«/ nothing  shall  In  this  act  be  so  construed  as 
to  authorize  an  mterferonce  with  the  transportation  on  any 
of  said  Rail  Roads,  with  tlie  armies  of  the  Confederate 
States,  or  the  supplies  for  the  same. ' 

Sec.  III.  And  be  it  further  enacted,  Tiiat  such  compen- 
sation shall  be  paid  by  the  Governor,  for  the  use  of  said 
rolling  stock  of  Rail  Roads,  as  well  as  the  tracks  of  such 
other  roads  over  which  it  is  passed,  as  is  usual  and  customa- 
ry in  such  cases  with  Rail  Road  corporations. 

Sec.  IV.  And  be  it  further  enacted,  That  if  any  other  con- 
veyance is  impressed  under  this  Act,  and  disagreement 
arises  as  to  the  compensation  to  be  paid,  the  same  shall  be 
determined  by  three  assessors,!  one  to  be  chosen  by  the 
State,  and  proprietor  or  owner  of  said  conveyance,  respect- 
ively, and  the  third,  by  the  two  thus  selected;  and  their  de- 
cisioi:  shall  be  the  measure  of  compensation  to  be  paid. 

Sec.  V.  And  be  it  further  aiacted,  That  the  expensb  of 
the  transportation  of  said  supplies,  is  to  be  paid  out  of  mo- 
neys already  appropriated  for  the  support  of  indigent  sol- 
diers' families  for  the  year  IS64,  and  to  be  deducted  from 
the  aniounts  due  those  for  whose  beneht  said  expenses  are 
incurred. 

Sec.  YL  Be  it  further  enacted,  Tlmt  this  act  shall  take 
effect  from  its  passage. 

Assented  to  March  J  9,  1S(34. 


(No.  0.) 


An.  Act,  to  exempt  certain  persons  fro?n   service  in  the  Militia  of 
the  State  of  Georgia. 

Section  I.  Br  it  enacted,  Tiiat  the  following  named  per- 
sons, in  addition  to  those  already  declared  exempt,  shall  be 
exempted  from  militia  duty  under  t!ie  Act  of  the  General 
Assembly,  approved  14th  "December,  1863  ;  All  State  Tax 
Receivers,  one  editor  of  eacii  newspaper  published  on  the 
14th  of  December,  1SG3,  and  as  many  persons  employed  in 


s 

printing  and  publishing  the  same,  as  the  editor  may  on  oath 
declare  to  be  absolutely  essential  to  its  publication;  and  all 
ministers  of  religion,  duly  authoj-ized  to  preach  according 
to  the  rules  of  their  sect,  in  the  regular  discharge  of  minis- 
terial duties. 

Sec.  II.  All  conflicting  laws  are  hereby  repealed. 

Assented  to  March  19,  1SG4. 


(No.  7.) 

An  Act  to  require  tlie  Reporter  of  the  Suprane  Court  to  imhUslt 
the  decisions  of  the  Siqjrcme  Court,  inpamj^hktform. 

Section  I.  Be  it  enacted  by  the  Genmil  Asmnbhf  of  Geor- 
gia, That  the  Reporter  of 'the  Supreme  Court  s'h all  pub- 
lish, as  soon  as  possible  after  each  session  of  the  Supreme 
Court,  the  decisions, thereof,  in  pamphlet  form,  instead  of 
bound  volumes.  A|i(l  said  reporter  shall  furnish  to  the 
Clerks  of  the  Superior  Courts  of  each  county,  three  copies 
of  his  reports  in  pamphlet  form,  to  be  paid  for  out  of  the 
contingent  fund  of  this  State. 

Assented  to  JMarch  21,  1S64. 


.  rNo.  8.) 

An  Act  to  a IJuw persons  to  administer  iqjon  iiroperty  in  the  county 
to  which  it  has  been  moved/or  security  J)  om  the  encviy. 

Whereas,  In  consequence  of  the  insecurity  of  property  in 
the  vicinity  of  the  enemy,  and  in  places  imminently  exposed 
to  the  depredations  of  th3  enemy,  that  belonging  to  the 
estates  of  deceased  persons,  in  many  instances,  has  been 
moved  away  before  being  administered  upon,  and  adminis- 
tration cannot  b'e  had  under  the  existing  law,  greatly  to 
the  injury,  and  inconvenience  ol  persons  interested. 

Section.  I.  Therefore  Jjc  it  enacted  by  the  Senate  and  House  of 
Represenfalivcs  in  General  Assembly  nut,  and  it  is  hereby  ctiacted 
by  authority  of  the  same,  That  in  all  cases,  whereon  account  of 
the  insecurity  aforesaid,  property  belonging  to  the  Estates 
of  deceased  persons  has  been  moved  to  a  bounty  other  than 
the  one  in  which  the  deceased  lived,  the  same  may  be  ad- 
ministered upon  in  the  county  to  which  it  has  been  moved, 
in  the  same  manner,  and  under  the  same  restrictions  as  is 
now  allowed  by  law  for  adnjinistering  upon  property  in 
the  county  in  which  the  deceased  lived  at  the  time  of  his 
death. 

Sec.  II.  All  laws  and  parts  of  laws   militating   against 
this  Act,  be  and  the  same  are  hereby  repealed. 

Assented  to  Mardi  19,  1SG4. 


(No.  9.) 

An  Act,  to  amend,  an  Act  entitled  an  Act  to  further  provide 
for  tlia  supprcmon  of  unlawful,  distillation  of  grain  and  other 
commodities  in  this  S[ut$0issentcd  to  December  3J,  1SG3. 

Sectiox  I.  The  General  Assembly  do  enact,  That  from  and 
after. the  passage  of  this  Act,  the  before  recited  act  be  amen- 
ded as  follows  :  The  word  -twenty"  in  the  first  paragrapli 
be  stricken  out,  and  the  word  "live"  be  inserted  in  lieu 
thereof,  and  that  after  the  \"ord  "time,'  the  following  words 
be  inserted  :  "oran}^  other  tiiiie  to  which  said  cause  may  be 
continued  upon  legal  showing,  not  to  exceed  twenty  days 
from  the  daee  of  issuing  the  warrant."  And  in  the  section 
second  of  said  Act,  that  the  words  "unlawful  sales,"  be 
stricken  Qyt,and  the  words  "sales  of  spirituous  liquors  con- 
trary to  any  existing  law  have  bt^en,"  be  inserted. 

Skc.  II  Beit  further  enacted.  That  in  the  fifth  section  of 
tlie  before  recited  Act,  after  the  word  "freeholders,"  insert 
the  following  words  ;  "whom  such  Judge  or  Justice  are^au- 
thorized  to  have  summoned,  and  who  shall  be  subject  to  the 
same  penalties  asf  are  i:ow  prescribed  for  defaulting  jurors 
in  case  of  refusal  to  attend," 

Sec.  III.  Be  it  further-  enacted.  That  the  following  section 
be  added  to  the  Act  of  which  this  is  amendatory  ;  That  all 
cases  under  this  Act  shall  be  Iried  at  the  comity  town  of 
the  county,  or  in  the  district  where  the  defendant  resides. 

Sec.  IV.  Beit  farther  enacted,  Tiiat  all  conflicting  laws 
be,  and  the  same  arVhereby  repealed. 

Assented  to  March  19,  lSG-4. 


(Xo.   JO.) 


An  Act  to  require  the  Bailroad  Com  pan?  ex  ef  this  State,  as  ivcll 
as  the  Western  and  Atlantic  Raibttad,  to  Icrp  icoter  and  lights 
in  tJic  cars  for  jw/Wf// oyy^-,  ///  their  respective  trains. 

Section  I.  T'lc  firnrral  Assembly  of  Georgia  do  enact,  That 
from  and  after  the  passnge  of  this  Act,  all  Railroad  Compa- 
panies  in  this  State,  as  well  as  the  Westerii  and  Atlantic 
Railroad,  shall  keep  in- each  passenger  car,  or  in  any  car  in 
which  passengers  are  transported,  an  adequate  supply  of 
good,  pure  drinking  water,  at  all  hours  during  the  day  and 
night,  and  lights  during  the  night,  for  the  use  of  the  passen- 
gers ;  and  upon  the  failure  thereof,  shall  be  liable  to  pay  a 
fine  of  five  hundred  dolhirs  for  each  and  every  offence. 

Sec.  II.  Be  it  firthrr  enacted.  That  -any  Conductor  or 
agent  of  said  Roads  being  requested  by  any  passenger  to 
furnish  a  sufflcient  supply  of  water  to  the  passengers  in  each 
car  in  the  day  or  night,  and  light  at   night,  and   shall  pass 


10 

auy  depot  or  s<"ation  without  so  doing,  shall  be  liable  to  a 
fine  of  one  hundred  dolhirs,  and  to  be  indicted  before  the 
Grand  Jury  in  any  county  through  which  said  Railroad  runs, 
of  wiiicli  they  are  agents  or  Conductors. 

'Sec.  III.  It  shall  be  the  duty^of  all  Judges  of  the  Su- 
perior Courts  of  this  State, .  to  give  this'  Act  specially  in 
charge  to  the  Grand  Juries  in  their  respective  Courts. 

Sec.  IV.  All  conflicting  laws  are. hereby  repealed. 

Assented  to  March  21,  1864. 


(No.  11.) 

-4??.  Act  for  the  rdiff  of  Ilahcrshain  aranty  and  all  otlicr  covntics 
in  this  State  aHle  destitute,  and  for  other  yurposcs. 

Section  I.  The  General  Assemhhjofthc  Stoic  of  Georgia  do 
€7inct,  That  the  Quartermaster  General  of  this  State  is  here- 
by authorized  and  required  to  purchase  and  ship  to  such 
point  on  the  Railroad  as  the  Justices  of  the  Inferior  Court 
of  Habersham  county  may  designate,  such  amount  of  corn 
as  the  Governor  in  his  discretion  may  order,  not  to  exceed 
ten  thousand  bushels  ;  such  corn  to  be  delivered  to  the  or- 
der of  the  Justices  aforesai^,  upon  the  payment  of  the  cost 
of  said  corn  and  the  freight-thereon  ;  provided,  the  person 
or  persons  applying  for  stwd  corn  shall  file  his-  or  lier  affi- 
davit that  said  corn  is  for  the  use  of  the  citizens  of  said 
county  and  not  for  the  purpose  of  speculation  or  distilla- 
tion. 

Src.  II.  And  be  it  further  enacted,  That   the  benefits  and 
privileges  of  this  Act  shall .  be  extended   to  any   county  in 
this  State  alike  destitute  with  the  said  county  of  Habersham. 
Sec.  III.  Be  it  further  en cictad,  That    it  shall  not   be  the 
duty  of  said  Quartermaster  General  to  make  any   purchase 
■  under  this  Act,    until  the  Justices    of  the  Inferior  Court  of 
the- several  counties  claiming  the  benefits  of  this  Act,  shall 
have  certified    under   oath  to  his  Excellency  the  Governor, 
the  amount  of  corn  in'their  judgment  absolutely  necessary' 
for  the«people  of  their  respective  counties,  and  tlie  Govern- 
or shall   have   informed   said   Quartermaster  General  what 
amount,  in  his  judgment,  ought  to  be  furnished  to  each  coun- 
ty making  such  application;  and  then  it  shall  be  his  duty  at 
once  to  purchase  and  ship  as  much    of  said  corn   as  can  be 
procured. 

Sec.  IV.  Atid  he  it  farther  enacted,  Tiiat  it  shall  be  the 
duty  of  his  Excellency  the  Governor,  to  draw  his  warrant 
on  the  Treasury  for  the  amount  of  money  necessary  to  pay 
for  the  purchase  and  transportation  of  said  corn,  to  be  paid 
out  of  any  money  in  the  Treasury  not  otherwise  appropri- 
ated. 


11 

Sec.  V.  And  be  it  fur/her  enacted,  That  the  money  receiv- 
ed from  the  several  counties  for  said  corn,  shall  be  paid  into 
the  Treasury  by  said  Quartermaster  General. 

Assented  to  March  21,  1S64. 


'     (No.   12.) 

An  Act  to  (Luthonze  Adminhtrafors,   Executors   and  Guardians 
to  invest  in,  Confederate  States  four  i^er  cent  bonds. 

Sec.  I.  Be  it  enacted,  S{c.,  That  from  and  after  the  pas- 
sage of  this  Act,  it  shall  be  lawful  for  Administrators,  Ex- 
ecutors, Guardians  and  Trustees,  to  invest  what  money  they 
may  have  on  hand  in  Confederate  Treasury  notes,  prior  to 
the  first  of  April  next,  in  bonds  of  the  Confederate  States 
bearing  four  per  cent  per  annum  interest. 

Sec.  II.  Be  it  further  enacted,  That  all  laws  and  parts  of 
laws  militating  against  the  same  be,  and  the  same  are  here- 
by repealed. 

Wliili'  I  'i"  not  approve  of  tlic  ])olicy  of  investing  the  estates  of  oiplians  and  per- 
sons rcpn'sontc'd  liy  Tni.stces,  in  tlx;  iiicsent  depreciated  currency,  I  assent  to  this 
Act  to  avoid  injustice  to  Trustees  aiul  otiiertiilueiary  !i;;ents  who  li%ve,  in  good  faith, 
received  C'onlederate  notes  before  tlie  passage  of  the  late  act  of  CongresH. 

JOSEPH  E.  BROWN,  Governor. 

March  21,  1S64. 


'  (i\0.    13.) 

An  Act  extending  tM  time  for  cotmtij   ofjiccrs  fling  their  bonds 
and  taking  out  Commissions. 

Sectiok  I.  The  General  Assembly  of  the  Slate  of 'Georgia 
do  enact,  That  the  Sheritls,  Clerks  of  the  Superior  and  In- 
ferior Cou4ts,  Ordinaries,  Tax  Collectors,  Coroners,  and 
county  Surveyors  of  this  State,  be,  and  they  are  hereby  al- 
lowed until  the  first  day  of  June  in  eaqh  year,  and  Tax 
Receivers  until  the  first  day  of  April  next,  to  take  up 
their  Commissions  from  the  Inferior  Courts  and  to  perfect 
their  bonds,  and  that  the  provisions  of  this  Act  shall  be  ap- 
plicable to  said  officers   who  were  elected  in  January  last. 

Sec.  II-  Be  itjurther  enacted.  That  all  laws  conflicting 
with  this  Act  are  hereby  repealed. 

Assented  to  March  21,  1SG4. 


(No.  14.) 

An  Act  to  exempt  from  taxation,  cotton  and^  other  jnvpcrty 
owned  by  our  Confederate  States  Government,  in  this  Statc;and 
for  other  jiurposes. 

Section  I.   The    General    Assembly    of  Georgia  do  .enact. 
That  from  and    after   the  passage   of  this   Act,    in    ad- 


dition  to  lands,  mines  and  minerals  of  our.  Confederate 
States  Government  now  exempt  from  taxation,  all  cotton 
or  otlier  property  lield  and  owned  in  this  State,  by  the  Con- 
federate States  Government,  be,  and  the  same  is  hereby 
exempt  from  taxation. 

Sec.  II.  B'J  ilfurihcr  cnac/cdy  ThaU^here  any  cotton  be- 
longing to  the  Confederate  States  uovernment  has  been 
returned  for  taxation  during  this  year,  and  the  taxes  been 
paid  to  any  Tax  Collector,  said  officer  is  hereby  authorized 
to  release  said  property  from  taxation,  and  to  refund  the 
money  collected  on  the  same  for  tax. 

Assented  to  March  21,  1S6-1. 


(No.  15.) 

A  Act  to  encourage  the  organization  qf  a  Navy. 

Whereas,  It  is  recognized  by  the  law  of  nations  to  be  a 
right  of  beligerents  in  time  of  war,  as  far  as  may  be  in  their 
power,  to  destroy  the  enemy's  commerce,  in  order  to  weak- 
en the  foundation  of  his  Naval  power,  and  lo  use  all  means 
of  capturing  or  of  driving  from  the  Sea,  tbe  fleets  of  the 
enemy,  both  merchantile  and  warlike,  for  the  purpose  of 
crippling  him,  land  bringing  him  to  "terms  and  producing 
peace;  and  whereas,  the  Confederate  Cougress,  relying 
upon  these  impartial  principles  of  international  law,  and 
actuated  by  the  laudable  desire  of  encouraging  the  people 
to  enter  upon  this  mostefi'ectual  field  for  injuring  our  ene- 
my and  constraining  him  to  honorable  terms  of  pacifica- 
tion, heretofore  to-wit:  on  the  ISth  day  of  April,  1S63, 
passed  an  act  to  establitdi  a  volunteer  Navy.  Now,  there- 
fore, for  the  purpose  of  promoting  the  laudable  })olicy  of 
the  Confederate  Government  in  this  particular,  and  to  give 
such  lurther  encouragement  as  may  be  in  our  power  to  the 
organization  of  a  Navy. 

Section  I.  The  Grn<rol  Assemhlij  of  Georgia  do  enact, 
That  private  corporations  having  for  their  object  to  operate 
under  the  Act  of  the  Confederate  Congress  aforesaid,  may 
be  formed  by  any  number  of  the  citizens  of  this  State,  by 
cotnplying  with  the  following  provisions,  to-wit:  A  decla- 
ration of  the  Jipplicants  specifying  the  objects  of  their  asso- 
ciations, and  the  business  they  propose  to  carry  on,  togeth- 
er with  their  Corporate  name,  and  the  time,  not  exceeding 
thirty  years,  they  desire  to  be  incorporated,  signed  by 
the  Stockhold  rs  and  accompanied  by  the  oath  of  the 
President,  taken  before  some  person  authorized  to  adminis- 
ter oaths,  of  the  amount  of  capital  in  mone}''  or  property  at 
its  sworn  valuation,  actually  paid  in  and  employed,  or  to  be 


13 


employed  by  such    corporation,  shall  be  filei]  hi  the  office 
of  the  Governor  of  Georiria — whoreupon  His  Excellency  the 
Governor^   upon    being  satisfied  of    the  good    fi.ith  of  the 
parties  concerned,   shall  cause   record  there(?ifto  be  made 
and  issue  to  the'Company  a  certificate  of  incorporation. 

Sec.  II..  Be  it  further  enacted  by  the  outhoritij  aforesaid 
That  it  shall  be  a  violation  of  the  charter  of  an\'^  compa- 
uy  thus  organized,  to  enage  in  what  is  commonly  culled 
running  the  Elockake,  for  the  purpose  of  brino-in"-  in  car- 
goes of  goods  whether  assorted  or  not  on  private  account* 
■  but  it  shall  be  lawful  fur  them  to  bring  into  any  of  the 
ports  of  the  Confeder,  te  States,  any  goods,  wares  and 
merchandise  allowed  by  the  laws  of  the  Confederacy,  under 
written  permit,  or  by  written  request,  or  contract  of  His 
Excellency  the  Governor  of  Georgia-.  \ 

Sec' III.  Be  it  further  enacted  by  the  iiit'Jioritii  aforesaid 
That  for  each  and  every  violation  of  the  foregoinn-  section' 
any  company  so  violating,  shall  be  subject  not  only  to  a 
forfeiture  of  their  charter,  but  also  to  a  forfeiture  of  all 
property  they  may  have  in  Georgia,  to  be  adjudged  and  re- 
covered upon  information  (lied  by  the  Solicitor  General  to 
the  Superior  Court  of  any  cbuuty  in  which  they  may  have 
property;  and  for  the  purpo^^e  of  detaining  the  property  un- 
til adjudication  is  Iiad,  the  Judge  of  the  Superior- Court 
upon  affidavit  of  tlio  Solicitor  General,  shall  have  power' 
either  at  Chambers  or  in  o[)en  Court,  to  ordt^r  the  same  at- 
tached and  held  in  custody  by  the  Sheriil",  to  answer  the 
judgen'ient  of  the  Court. 

Sec.  IV.  Be  U  further  enacted  by  the  authority  aforesaid 
That  the  capital  stock  of  any  company  which  may  hereaf- 
ter organize  under  the  provisions  of  this  Act,  may  be  in- 
creased to  any  desirable  amount,  by  filing  a  statement  of 
such  proposed  increased  stock,  in  substantial  accordance 
vv'ith  the  first  section  of  this  Act. 

Sec.  V.  All  confiicting  laws  are  hereby  repealed. 

Assented  to  March  21,  1S64. 


[The  following  Act  which  was  passed  at  the  regular  ses- 
sion in  November  and  December  last,  was  by  mistake,  left 
out  of  my  Tamphlet  of  the  laws  and  resolutions  of  that 
session  ;  and  is,    therefore,  published  in  this — Pubushek.J 

(No.  IG.) 

An  Act  to  punish  any  person  who  may  hereafter  conceal,  or  as- 
sist anydesefier  in  resisting  a  legal  arrest  in  this  State. 

Section  I.  The  General  Assembly  of  the  State  of  Georgia 
</o  cwaci,  That  any    person    who  Bhall    hereafter  conceaf  a 


14 


deserter  from  the  army  or  navy  of  the  Confederate  States, 
or  from  the  militia  or  State  forces  af  this  State  while  in  ac- 
tual service,  knowing  him  to  be  a  deserter,  shall  be  guilty 
of  a  misdemeanor;  and  on  conviction  thereof,  shall  be 
punished  by  fine  or  imprisonment  in  the  common  jail  of  the 
county,  or  both  in  the  discretion  of  the  Court;  the  fine  not 
to  exceed  five  hunnred  dollars,  nor  thg  imprisonment  not 
to  exct}ed  six  months. 

Sec.  Be  itfurihcr  enacted,  That  any  person  who  shall  as- 
sist any  deserter  in  this  State  in  resisting  a  legal  arrest,  know- 
ing him  to  be  a  deserter  from  the  army  or  navy  of  the  Con- 
federate States,  or  from  the  Militia  or  State  forces  of  this 
State,  shall  be  guilty  of  a  misdemeanor;  and  on  conviction 
thereof,  shall  be  punished  by  fine,  or  imprisonment  in  the 
common  ^ail  of  the  county,  or  both  in  the  discretion  of  the 
Court ;  the  fine  not  to  exceed  two  thousand  dollars,  nor 
the  imprisonment  to  exceed  six  months. 

Sec.  Ill  Be  it  further  enacted,  That  the  attention  of 
Grand  Juries  shall  be  specially  called  to  this  Act. 

Sec.  IV.  Be  it  farther  enacted,  That  this  Act  shall  im- 
mediately after  its  passage,  be  proclaimed  by  the  Governor, 
and  shall  take  effect  ten  days  alter  such  proclamation. 

Assented  to  December  15,  1863. 


RESOLUTIONS. 


(No.  17.) 

A  Resolution  in  relation  to  the  recent  Military  Act  of  Coiigrcss. 

The  General  Assembhj  do  resolve^  That  this  General  Assem- 
bly, declining  to  express  any  opinion  as  to  the  wisdom  of 
the  act  passed  by  Congress  enrolling  such  persons  as  had 
been  enrolled  under  the  State  Igivv,  recommend  that  his  Ex- 
cellency-interpose no  obstacle  to  its  enforcement ;  and  tho 
Governor  is  requested  to  open  a  correspondence  with  the 
Secretary  of  AVar,  and  request  him  to  exonerate  from  the 
penalties  of  said  act,  such  persons  between  tlie  ages  of  sev- 
enteen and  eighteen,  and  forty-five  and  fifty,  who  did  not 
volunteer  or  enroll  withirr  the  time  specified,  supposing 
their  enrollment  under  the  State  law  to  be  leoral. 

o 
Having  given  my  views  upon   this  question  in  my  messages  to   the  General  As- 
«euibly,  1111(1  submitted  it  to  tlieir  decision,  I  yield  to  tlieir  recommendation,  this  'i.'(l 
Harcb.  1.%1. 

JOSEPH  E.  BKOWX,  Governor. 


(No.   18.) 
liesolutions  on  the  Sus2)ensio7i  of  thg  Habeas  Corpus. 

The  General  AMcmhhj  of  the  State  of  Georgia,  do  resolve, 
1st,  That,  undei- the  Constitution.of  the  Confederate  States, 
there  is  no  power  to  suspend  the  privilege  of  the  writ  of 
habeas  corpus,  but  in  a  manner,  and  to  an  extent,  regulated 
and  limited  by  the  express,  emphatic  and  unqualified  con- 
stitutional prohibitions,  that  "No  person  shall  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law," 
and  that  "the  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  efiects,  against  unreasonable  search- 
es and  seiztires,  shall  not  be  violated,  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affir- 
mation, and  particularly  describing  the  places  to  be  search- 
ed and  the  persons  or  things  to  be  seized."  And  this  con- 
clusion results  from  the  two  following  reasons :  First,  be- 
cause the  power  to  suspend  the  writ  is  derived,  not  from 
express  delegation,  but  only  from  Implication,  which  must 


]6 

always  yield  to  express,  conflicting  and  restricting  words. 
'  Second,  because  this  power,  being  found  no  where  in  the 
Constitution  but  in  words  which  are  copied  from  the  orig- 
inal Constitution  of  the  United  States,  as  adopted  in  17S7, 
must  yield  in  all  points  of  conflict  to  the  subsequent  amend- 
ments of  17  89,  which  are  also  copied  into  our  present  Con- 
stitution, and  which  contain  the  prohi].)itions  above  quoted, 
and  were  adopted  with  the  declared  purpose  of  adding  fur- 
ther declaratory  and  restrictive  clauses. 

2nd.  That  "due  process  of  law''  for  seizing  the  persons 
of  the  people,  as  defined  by  the  Constitution  itself,  is  a 
warrant  issued  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  persons  to  be 
seized,  and  the  issuing  of  such  warrants  being  the  exertion 
of  a  Judicial  power,  is,  if  done  by  any  branch  of  the  gov-' 
erumeut  except  the  Judiciary,  a  plain  violation  of  that  pro- 
vision of  the  Constitution  which  vests'  the  Judicial  power 
in  the  Courts  alorie  ;  and  tluyefore  all  seizuresof  the  per- 
sons of  the  people,  by  any  olricer  of  the  Confederate  Gov- 
ernment, without 'warrant,  and  all  warrants  for  that  pur- 
pose from  any  but  a  Judicial  source,  are,  in  the  judgment 
of  this  General  Assembly,  unreasonable  and  unconstitu- 
tional. 

:Jrd.  That  the  recent  act  of  C6ngre.^s  to  suspend  the  priv- 
ilege of  the  writ  of  habeas  corpus  in  cases  of  arrests  ordered 
b}i  the  President,  Secretary  of  War,  or  General  officer  com- 
nianding  the  Trans-Mississippi  Military  Department,  is  an 
attempt  to  sustain  the  military  authority  in  the  exercise  of 
the  constitutional,  Judicial  function  of  issuing  warrants, 
and  to  give  validity  to  unconstitutional  seizures  of  the  per- 
sons of  tlie  people  ;  and  as  the  said  act,  by  its  express  terms, 
confines  its  u'peration  to  the' upholding  of  this  class  of  un- 
constitutional seizures,  the  whole  suspension  attempted  to 
be  authorized  by  it,  f^nd  the  whole  act  itself,  in  the  judg- 
ment of  this  General  Assembly,  are  unconstitutional. 

4th.  That,  in  the  judgnu'-nt  of  this  Cfeneral  Assembly, 
the  said  act  is  a  dangerous  assault  upon  the  constitutional 
power  of  the  Courts,  and  upon  the  liberty  of  the  people, 
and  beyond  the  power  of  any  possible  necessity  to  justify 
it ;  and  while  our  Senators  and  Representatives  in  Congress 
are  earnestly  urged  to  take  the  first  possible  opportunity  to 
liave  it  repealed,  we  refer  the  question  of  its  validity  to  the 
Courts,  with  the  hope,  that  the  people  and  the  military  au- 
thorities will  abide  by  tbe  decision.  ^ 

/jth.  That,  as  constitutional  liberty  is  the  sole  object 
•(vhich  our  people  and  our  noble  army  havcj  in  dur  present 
terrible  struggle  vi-ith  the  Government  of  Mr.  Lincoln,  so 
also  is  a  faithiul  adherence  to  it  on  the  part  of  our  own 
Government,  through  good  fortune  in  arms,  and  through 
bad,  one  of  the  greatest  elements  of  our  strength  and  final 


17 

success ;  because  the  constant  contrast  of  constitutional 
Government  on  our  part,  with  the  usurpations  and  tyran- 
nies, which  characterize  the  Government  of  our  enemy,  un- 
der the  ever^  recurring  and  ever  false  plea  of  the  necessi- 
ties of  war,  will  have  the  double  eflect  of  animating  our 
people  with  an  unconquerable  zeal,  and  of  inspiring  the 
people  of  the  North  more  and  more,  with  a  desire  and  de- 
termination,  to  put  an  end  to  a  contest  which  is  waged  by 
their  Government  openly  against  our  liberty  and  as  truly, 
but  more  covertly,  against  their  own. 

Approved    March  19th,  1SG4. 


(in) 

ResoliitioJts  dtclarlri^    the  ground    on    which  the.     Conftderatt 
States  stand  in    fh'/s    War,  and  the    terms    on  which  peace 
■    ought  to  he  qlfcred  to  the  enemy. 

The  General  Assemhhj  of  the  Stale  of  Georgia  do  resolve y 
1st,  That  to  secure  the  rights  of  life,  liberty,  and  the  pur- 
suit of  happiness,  "Governments  were  instituted  among 
men,  deriving  their  just  powers  from  the  consent  of  the 
governed;  that  whenever  any  form  of  government  becomes 
destructive  of  these  ends,  it  is  the  right  of  the  i)coj)le  to 
alter  or  to  abolish  it,  and  to  institute  a  new  government,  lay- 
ing its  foundations  on  'such  principles,  and  organizing  its 
powers  in  such  form  aa  shall  seem  to  them  most  likely  to 
eftect  their  safety'and  happiness." 

2nd.  That  the  best  possible  commentary  upon  this  grand 
text  of  our  fathers  of  177G,  is  their  accompanying  action, 
which  it  was  put  forth  to  justify;  and  that  action  was  the 
immortal  declaration  that  the  former  political  connection 
between  the  Colonies  and  the  State  of  Great  Britain,  was 
dissolved  and  the  thirteen  Colonies  were,  and  of  right, 
ought  to  be,  not  one  indepeiKJent  State,  but  thirteen  inde- 
pendent States,  each  of  them  being  such  a  "people"  as  had 
the  right,  whenever  they  chose  to  exercise  it,  to  separate 
themselves  from  a  political  association  and  government  of 
their  former  choice,  and  institute  a  new  government  to  suit 
themselves. 

3rd.  That  if  Rhode  Island,  with  her  meagre  elements  of 
nationality;  was  such  a  "people"  in  1776,  when  her  sepa- 
ration from  the  government  and  people  of  Great  Britain 
took,  place,  much  more  was  Georgia  and  each  of  the  other 
seceding  States,  with  their  large  territories,  populations 
and  resources,  such  a  "people,"  and  entitled  to  exercise  the 
same  right  in  1S61,  when  they  decreed  their  separation 
from  the  Government  and  people  of  the  United  States;  and 
if  the  separation  was  rightful  in  the  first  case,  it  was  more 


1^ 

clearly  so  in  the  last,  the  right  depending,  as  it  does  in  the 
case  of  every  "people"  for  whom  it  is  claimed,  si/uply  up- 
on their  fitness  and  their  will  to  constitute  an  independent 
State. 

4th.  That  this  right  was  perfect  in  each  olthe  States  to 
be  exercised  by  her  at  her  own  pleasure,  without  challenge 
or  resistance  from  any  other  puwer  whatsoever;  and  while 
these  Southern  States  had  long  had  reason  enough  to  jus- 
tify its  assertion  against  some  of  their  faithless  associates, 
yet,  remembering  the  dictate  of  "prudence"  that  "govern- 
ments long  established  should  not  be  changed  for  light  and 
transient  causes,"  they  forbore  a  resort  to  its  exercise,  un- 
til numbers  of  the  Northern  States,  State  after  State, 
through  a  series  of  years,  and  by  studied  legislation,  had  ar- 
rayed themselves  in  open  hostility  againiitan  acknowledged 
provision  of  the  Constitution,  and  liad  at  last  succeeded  in 
the  election  of  a  President  who  was  the  avowed  Exponent 
and  executioner  of  their  faithless  designs  against  the  Con- 
stitutional rights  of  their  Southern  sisters — rights  which  had 
been  often  adjudicated  by  the  Courts,  and  which,  were  nev- 
er denied  by  the  abolitionists^  themselves,  but  upon  the 
ground  that  the  Constitution  itself  was  void  whenever  it 
came  in  conflict  with  a  "higher  law"  which  they  could  not 
find  among  the  laws  of  God,  and  which  'depended,  for  its 
exposition,  solely  upon  the  elastic  consciences  of  rancorous 
partisans.  The  Constitution  thus  broken,  and  deliberately 
and  persistently  repudiated  by  se^"i'ral  of  the.  States  who 
were  parties  to  it,  ceased,  according  to  universal  law,  to  be 
bindin"-  on  any  of  the  rest,  and  those  States  who  had  been 
wronged  by  the  breach,  were  justified  in  using  their  rights 
to  provide  "new  guards  for  their  future  security." 

5th.  Tiiat  the.  reasons  which  justihed  tlie  separation 
when  it  took  place,  have  been  vindicated  and  enhanced  in 
force  by  the  subsequent  course  of  the  Government  of  Mr. 
Lincoln — by  his  contemptuous  rejection  of  the  Confeder- 
ate Commissioners  who  were  sent  to  Washington  before 
the  war,  to  settle  all  matters  of  dillerence  without  a  i-esOrt 
to  arms,  thus  evin'cing  his  determination  to  have  war  >by 
his  armed  occupation  of  the  territory  of  the  Confederate 
States,  and  especially  by  his  treaclierous  attempt  to  rein- 
force his  garrisons  in  their  midst,  after  they  had,  in  pursu- 
ance of  their  right,  witlidiaAvn  their  people  and  territory 
from  the  jurisdiction  of  his  government,  thus  rendering  war 
a  necessity,  and  actually  inaugurating  the  present  lamenta- 
ble war:  by  his  official  denunciation  of  the  Confederate 
States,  as  "rebel"  and  "disloyal"  States,  for  their  rightful 
withdrawal  from  their  faithless  associate  States,  whilst  no 
word  of  censure  has  ever  fallen  from  him  against  those  faith- 
less States  wjio  were  truly  "disloyal"  to  the  Union  and  the 
Constitution  which  was  the  only  cement  of  the  Union,  and 


19 

who  were  the  true  authors  of  all  the  wrong  and  all  the 
mischief  of  the  separation,  thus  insulting  the  innocent  by 
charging  upon  them  the  crimes  of  his  own  guilty  allies:  And 
finally,  by  his  monstrous  usurpations  of  power  and  undis- 
guisad  repudiation  of  the  Co:jstitution,  and  his  mocking 
scheme  of  securing  a  Reijuh/iani  form  of  gov^ernment  to  sov- 
ereign States  by  putting«  nine-tenths  of  the  people  under 
the  dominion  of  oue-tentii,  who  may  be  abject  enough  to 
swear  allegiance  to  his  usurpation,  thus  betraying  his  de- 
sign to  subvert  true  constitutional  republicanism  in  the 
North  as  well  as  the  South. 

6th.  That  while  we  regard  the  jiresent  war  between 
these  Confederate  States  and  the  United  States  as  a  huge 
crime,  whose  beginning  and  continuance  are  justly  charge- 
able to  the  i^overnment  of  our  enemy,  yet  w^e  do  not  hesi- 
tate to  aflirm  tliat,  if  our  own  governmeut,  and  the  people 
of  botli.  governments!,  would  avoid  all  participation  in  the 
guilt  of  its  contmuance,  it  becomes  all  of  them,  on  all  pro- 
per'occasions,  and  in  all  proper  ways — the  people  acting* 
through  their  State  organizations  and  popular  assemblies, 
and  our  government  through  its  appropriate  departments — 
to  use  their  earnest  eilufts  to  put  an  end  to  this  unnatural, 
undn-istian  an<i  savuge  work  of  carnage  and  liavoc.  And 
to  this  end,  wc  earr.estly  recommend  that  our  government, 
immediately  after  signal  successes  of  our  arms,  and  on  other 
occasions,  when  none  can  impute  its  action  to  alarm,  instead 
of  a  sincere  desire  f<>r  peace,  shall  make  to  the  government 
of  our  enemy,  an  official  oiler  of  peace,  on  the  basis  of  the 
'  great  principle  declared  by  our  common  fathers  in  1776, 
accompanied  by  the  distinct  expression  of  a  willingness,  on 
our  part,  to  follow  that  principle  to  its  true  logical  conse- 
quences, by  agreeing  that  any  border  State,  whosa  prefer- 
ence for  our  association  may  be  doubted,  (doubts  having 
been  expressed  as  to  the  wishes  of  the  border  States)  shall 
settle  the  question  for  herself,  by  a  Convention,  to  be  elec- 
ted for  that  purpose,  after  the  withdrawal  of  all  military 
forces,  of  both  sides,  from  her  limits. 

7tli.  That  we  believe  this  course,  on  the  part  of  our 
government,  would  constantly  weaken,  and  sooner  or  later, 
break  down  the  war  power  of  our  enemy,  by  showing  to 
his  people  the  justice  of  our  cause,  our  willingness  to  make 
peace  on  the  principles  of  .1776,  and  the  shoirlders  on  which 
rests  the  responsibility  for  the  continuance  of  the  unnatu- 
ral strife  ;  that  it  would  be  hailed  by  our  people  and  citizen 
soldiery,  who  are  bearing  the  brunt  of  the  Avar,  as  an  assu- 
rance that  peace  will  not  be  unnecessarily  delayed,  nor 
their  sufl'erings  unnecessarily  prolonged  ;  and  that  it  would 
be  regretted  by  nobody  on  either  side,  except  men  whose 
importance,  or  whose  gains,  would  be  diminished  by  peace, 
and  men  whose  ambitious  designs  would  need  cover  under 
the  ever-recurring  plea  of  the  necessities  of  war. 


20 

Sth.  That  while  the  foregoing  is  an  expression  of  the 
sentiments  of  this  General  Assembly,  respecting  the  man- 
ner in  which  peace  should  be  sought,  we  renew  our  pledg- 
es of  the  resources  and  power  of  this  State,  to  the  prosecu- 
tion of  the  war,  defensive  on  our  part,  until  peace  is  obtain- 
ed upon  just  and  honorable  terms,  and  until  the  indepen- 
dence and  nationality  of  the  Confederate  States  is  establish- 
ed upon  a  permanent  and  enduring  basis. 

Approved  March  19,  1804. 

(No.  20.) 

A  Resolution  app-oving  (lie  action  of  the  Governor  in  inirchaiing 
wagons  and  teams  for  the  transportation  of  corn  from  the  Rail 
Road  to  indigent  soldieis\families. 

Resolved  hy  the  Senate  and  liovsc  of  Represe7itatives  in  Gen- 
eral AssemhUjmct,  That  the  action  of  the  Governor  in  the 
purchase  of  wagons  and  teams  for  the  transportation  of 
corn  from  the  Kail  Road  to  indigent  families  of  soldiers, 
was  judicious  and  prudent,  and  the  purchage  and  payment 
for  the  same  as  communicated  to  us,  meet  the  approval  of 
this  General  Assembly. 

Assented  to  March  IS,  18G4.      ,  *   , 


(No.  21.) 

Whereas,  Parties  arrested  in  the  State,  under  the  dif- 
ferent acts  forth,e  suppression  ofunlawfuld  distillation,  are 
frequently  discharged,  and  the  objects  of  the  law  defeated 
for  the  want  of  counsel  to  prosecute  the  same  on  the  part 
of  the  State,  and  the  fees  prescribed  by  law  in  such  cases 
being  inadequate  to  secure  the  services  of  competent  coun- 
sel.    Therefore, 

\st.  The  General  Asscmhhj  of  Georgra  do  Resolve,  That  in 
all  cases  where  the  parlies  are  arrest-cd  under  any  of  the  laws 
for  the  suppression  of  unlawful  distillation,  m  which  sum- 
mary process  is  provided  for  the  suppression  of  the  same, 
that  the  Governor  be  authorized  to  employ  counsel  to  rep- 
resent the  interest  of  the  State,  and  to  pay  them  such  fees 
for  their  services  as  in  his  judgement  shall  be  reasonable 
and  just. 

Assented  to  March  19,  1S64. 


(No.  22.) 

A  Resolution  in  reference  to  the  distrilviicn  of' tlie  r  (lief fund  for 
soldiers  families. 

Resolved,  That  whenever  the  Governor  is  informed  that 
the  Justices  of  the  Inferior  Court  of  any  county  in  this 
State,  shall  fail  or  refuse  to  do  their  duty  towards  the  citi- 


i 


21 

zens  of  the  county  with  reference  to  the  proper  distribu- 
tion of  the  relief  fund  for  soldiers  families,  that  he  be  au- 
thorized to  appoint  an  agent  to  take  charge  of  the  fund  for 
said  county,  and  disburse  the  same;  Provided  the  person  so 
appointed  shall  not  be  liable  to  military  duty  under  the 
act  of  the  Congress  of  the  Confederate  States,  and  provided 
also,  that  the  Governor  shall  require  such  agent  to  enter 
into  bond  with  security  in  such  amount  as  he  may  judge 
proper  for  the  faithful  discharge  of  his  trust. 

Assented  to  March  IS,  1SG4, 


(No.  23.) 

Beaoliitions  in   reftrmct  to  the  re-enb'stmcvf  of  all  the    Geors;m 
Regiments. 

The  General  Aesembly  of  Georgia  do  resolve,  That  the  re- 
enlistment  of  all  of  our  Geoi-^ia  regiments  has  inspired 
within  the  bosom  of  every  true  Georgian,  sentiments  of 
the  Jaighest  esteem  and  gratitude  for  the  heroic  endurance, 
fortitude  and  chivalry,  displayed  by  them  in  this  additional 
instance  of  self-sacrilice. 

Resolved,  2)id,  That  we  pledge 'ourselves  to  make  all 
needful  appropriations  for  the  support  and  benefit  of  the 
destitute  and  suffering  families  of  these  gallant  troops,  so 
long  as  the  exigencies  of  the  countiy  may  require  their 
services  in  the  field  of  battle. 

Assented  to  March  19,  1SG4. 


(No.  -U.) 


Resolutions  prescribing   the  form  of  the  issue  of  State  Trcatunj 
Notes  under  the  Act  of  the  12th  December,  1863. 

Whereas,  under  an  Act  of  tlie  General  Assembly  assen- 
ted-to  December  12th,  1S(>3,  "to  provide  for  raising  reve- 
nue for  the  })olitical  year  1SG4,  and  for  other  purposes,  His 
Excellency  the  Governor  is  authorized  to  raise  the  monev 
necessary  to  meet  the  appropriations  for  ISGi,  till  the  taxes 
can  be  collected,  by  negotiating  a  temporay  loan  for  the 
amount,  needed  to  be  paid  at  rhe  end  of  the  year  in  curren- 
cy, or  if  he  cannot  negotiate  such  loan,  he  may  have  issued 
Treasury  notes  of  this  State,  payable  in  Confederate  States 
Treasury  notes  at  the  end  pf  the  year,  and  the  Confederate 
notes  when  collected  for  taxes,  shall  be  deposited  in  the 
Treasury,  and  there  remain  to  leileem  said  State  notes  so  is- 
sued ;  and  whereas,  the  late  action  of  the  Confederate  States 
Congress  has  rendered  the  present  issue  of  Confederate 
Treasury  notes  unsuitable  as  a  currency,  after  the  first  of 


22 

April  next,  and  it  is  inexpedient  to  borrow  pr  use  the  same, 
and  it  now  becomes  necessary  for  the  Governor  to  issue  as* 
early  as  possible,  Treasury  notes  of  the  State  of  Georgia, 
to  meet  appropriations  of  the  State,  and  especially  to  pay 
to  the  indigent  soldiers' faniiles  the  iirst  quarters'  pay  for 
their  support,  in  accordance  with  the  apportionment  whicii 
has  just  been  made  ;  that  these  Treasury  notes  may  be  is- 
sued in  accordance  with  the  above  recited  Act,  and  that  the 
terms  of  the  same  may  be  fully  understood  on  the  face  of 
each  note;  be  it  therefore, 

JZceolvcd  by  (he  Senate  and  House,  uf  luqirc^cnlaltccn  of  the 
State  of  Georgui,,  That  the  style  and  form  of  said  Treasury 
notes    thus   authorized   to  be  issued,    shall  be    as  follows  : 

"  The  State  of  Georgia  will  pay  the  bearer dollars 

at  her  Treasury  on  the  25th  of  December  next,  in  Confed- 
erate Treasury  notes  issued  after  the  tirst  of  April  1SG4,  if  ,. 
presented  within    three  months  after  maturity,   otherwise/ 
not  redeemable  except  in  payment  of  public  dues." 

2d.  And  be  it  further  resolved,  That  when  the  taxes  ^^  for 
1864  shall  have  been  paid  into  the  State  Treasury,  His' Ex- 
cellency the  Governor  be  authorized,  if  he  thinks  proper, 
to  deposit  Confederate  Treasury  notes  of  the  new.,  issue  in 
any  one  of  the  lianks  of%Uigusta,  Savannah,.  Macon,  Co- 
lumbus and  Atlanta,  to  rGde'eiri  said  States  Tjceasury  notes 
so  issued. 

Appro v^ed  March    17,  lS(Jl. 


(No.  2o.) 
Resoliulons  III  reference  to   certain  Battle   Flags. 

Whereas,  Brigadier  General  Goode  Bryan  has  transmit- 
ted to  the  State  of  Georgia,  the  battle  flags  of  the  tenth  and 
fiftieth  Georgia  regiments  attached  to  Bryan's  Brigade, 
accompanied  by  statements  of  the  various  engagements  in 
which  these  regiments  have  been  engaged  : 

'  Therefore  be  it  resolved,  That  the  State  of  Georgia  accepts 
with  pride  these  evidences  of  the;  valor  of  her  sons,  awd 
that  the  Adjutant  General  be  instructed  to  arrange  them 
in  the  same  manner  as  directed  by  the  resolutions  of  the 
last  session  of  the  Legislature  in  reference  to  similar  flags. 

Resolved  further,  That  the  Adjutant  General  be  further 
directed  to  have  attached  the  statements  of  the  various  en- 
gagements mentioned  in  the  accompanying  papers,  to  the 
flags  of  the  regiments  to  which  they  respectively  belong. 

Approved  to  18  March,  1804. 


(No.  20.) 
A  Rosolutlon  exiircsslve  of  the  confidence  of  this  General  Assent - 
hly  in  the  integrity  and  iialriotism  of  President  Davis. 
Resolved^  That  notwithstanding  the  difFercace  of  opinion 


23» 

enlertiiiued  by  members  of  this  Legislature  in  reference  to 
the  wisdom  and  constitutionality  of  the  recent  Act  of  Con- 
gress suspending  the  privilege  of  the  writ  of  Habeas  Corjnis, 
the  General  Assembly  of  Georgia  hereby  express  our  undi- 
minished confidence  in  the  integrity  and  patriotism  of  Jef- 
ferson Davis,  Chiet  Magistrate  of  the  Confederate  States. 
Assented  to  19  Morch,  18(34. 


[The  following  resolution  was  passed  at  the  regular  ses- 
sion held  in  November  and  December  last,  and  was,  by 
mistake,  omitted  in  my  Pamphlet  laws  of  that  session  — 
hence  I  publish  it  in  this — iPcblisher.] 

(Xo.27.) 

Rimlvcd  btj  the  Gincral  Assaubhj  oj  ihc  State  of  Ge0rgia, 
In  response  to  the  law  of  the  Confederate  Congress,  invit- 
ing the  several  States  to  specify- what  State  officers  shall 
be  exempt  from  conscription  ;  That  all  civil  and  military 
officers  ot  this  State,  shall  be  so  exempt. 

Approved  December  14,  1S63. 


APPEJ^DIX: 

The  following  is  a  copy  of  the  act  of  Congress,  under 
which  persons  in  the  military  service  of  the  Confederacv, 
who  have  been  elected  or  appointed  to  ceiiain  civil  offices 
in  this  State,  may  abtain  a  discharge  from  the  army,  viz  : 

"  The  Congress  of  the  Confederate  States-  of  America  do  enact, 
That  any  officer,  non-commissioned  otlicer  or  private,  now 
in  the  military  service  of  the  Confederate  States,  who  has 
been  elected  or  appointed  since  entering  said  service,  or 
who  may  hereafter  be  elected  or  appointed,  a  Senator  or 
Represent  a  tivei  II  Congress,  oi  in  any  State  Legislatnre,  a  Jiido-c 
of  the  Circuit,  District  or  Siqunur  Covits  of  law  or  equity  in 
any  State  of  the  Confederacy,  District  Attorney,  Clerk  of  any 
court  of  Record,  Sheriff,  Ordinary ,  Judge  of  any  Court  of  Pro- 
hate,  Collector  of  State  taxes  not  to  exceed  one  for  each  coun- 
ty, Parish  Recorder,  upon  fuinishing  the  Secretary  of  War 
with  evidence  olsuch  election  or  appointment,  if  an  officer, 
his  resignation  shall  be  promptly  accepted,  and  if  a  non- 
commissioTied  officer  or  private,  he  shall  be  honorably  dis- 
charged by  the  Secretary  of  war.  Approved  April  2d, 
1863." 

Under  the  above  act,  the  following  named  officers,  when 
elected  or  oppointed,  as  contemplated  in  the  act,  in  Geor- 
gia, may  claim  a  discharge  from  the  military  service  of  the 
Confederacy,  to-wit  :  ' 

Ist.  Members  of  Consrress. 


2d.  Members  of  the  Legislature. 

od.  Judge  of  the  Superior  Courts. 

ith.  Attorney  General,  or  •Solicitor  General. 

otli.  Clerk  of  the  Supreme  (Jourt. 

6tlj.       "      "    "    Superior  Courts. 

7th.      "      "    '^    Interior  Court, 

8th.       "       "     Any  ('\fv  Cnwrt,  {l/'<i  court  of /econl.) 

9th.  Sherijr. 

10th.  Ordinary,  and 

11th.  Tax  Collector. 

The  Secretary  of  War  has  refused,  on  an  application  for- 
mally made,  to  discharge  a  Jlereher  of  Tax  Returns  ;  and, 
from  the  same  reasoning,  it  is  not  probable  that  he  will 
discharge  a  person  who  is  in  the  service  on  being  elected 
or  appointed  Countij  Surveyor,  Coroner,  CouiUij  Treasurer, 
Justice  oj  the  Ivferhr  Court,  Justice  of  ^A*  Peace,  ConstaUt, 
Deputy  Clerk  Superior  or  Jvferlor  Court,  Deputy  Clerk  ti' 
Court  of  Ordinary,  or  Deputy  Sheriff.  The  Secretary  n- 
fused  to  discharge  Receivers  of  Tax  Returns,  on  the  grountl 
that  no  such  ofticer  was  named  in  said  act,  nor  embraced 
in  its  spirit  or  meaning.  Hence,  it  will  be  useless  t(y  ob- 
taia  certifkuites  of  election  to  the  latter  named  otlice^with 
a  view  to  forwarding  them  to  the  War  Depiirtmen|  to  ob- 
tain a  discharge.  CoAki'iLER. 

■.IJ...mitillg!g!— ■■S.JlLL-l.i    .     iL'L!  :,     "If.,.     ,    .  I , , , .  jagy^ifff-BBBsaw 

Act  No.     J.    Bonds  of  Tax  Colledtoii  .lud  IJ^ 
"  '.l.    Late  Jlilitta  law  am«^ndt*d, 

"  ■<     KvidpDce, 

"  ."i.    Impressincut  ol  R.  K.  Chi.-, 

"  I).     Es(.uiptipii8 from  niHitaiy  senice  in  militia, 

7.    Reports  of  Siprerae  Couit, 
"'  8.    Adaiinistrators,  \:,c, 

"  9.    Siipprespion  of  unlawful  distillation/ 

"  10.  Water  and  Un;bts  in  K.  I{.  Cars, 

''  11.  Com  to  be  supplied  to  certoSn  cUBlies, 

"  I  "J.  Trust  funds  may  b«  iijV^s'ed  in  Coufederate  bonda, 

"  r<.  Tiiii«  of  qualification  of  comity  officer'^, 

"  II.  Cotton  of  Confederate  Ooi'pnunent  exempt  from  taxation, 

"  1-3.  Organization  of  a  Xayy, 

"  36.  ReHislancc  to  the  arrest  of dcRcrlerfi, 

Kei4oljtion  Ko.  17.  In  relation  to  lato  military  act  of  CongrCB.', 
"         .No.  18.  Suspension  of  writ  of  Iliincns  CorpuH, 
"  No.  19.  The  war  and  howpeajse  jlionjd  he  .sonijht, 

"  ^'o.  UO.  Purcliase  of  wapons  ^nd  teams  to  transport  corn   to  ooidiero 

families,  ap[irov(.d, 
"  No.  -1.  Counsel  in  pro8ecution»for  uiilawf\ddi»tillatioij,  to  be   employed 

and  paid, 
No.  --.  As4o  disburwortinit  of  relief  fund  for  indigent  goldierK'  familiai, 
No.  5?3.  Ke-enliii!tmentofGeorgiifc8oldier8, 
No.  3-1.  Form  of  Statu  T:ea.>uryn6te«  to  be  issued, 
No.  25.  Battle  Flags, 
"  No.  26.  Confidence  in  Prii-sidentDavis, 

No.  '-J7.  U'hat  Officeriiot'.  he  iSiate  exempt  from  couseription. 
A.PPKNDIX.— Diach.irc.iH  from  mr ,;.  o. 


HoUinger  Corp. 
pH8.5 


